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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11470
Experience:  Licensed Texas General Practice Attorney
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Hello I helped my boyfriend financially to clear up some

Resolved Question:

Hello

I helped my boyfriend financially to clear up some legal matters in order for him to obtain his initial license as a vocational nurse. His verbal promise to me was to was... He would "make sure that I would always be taken care of financially" after he receives his license. He is willing to put this in writing. Is there a certain legal form that I must use to make this legally binding and what specifics should it include??
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

It is a good thing to get this in writing, as verbal statements are very difficult, if not outright impossible to enforce in court should it come to that.

ScottyMacEsq :

California does have (in essence) "palimony" (which is sort of like alimony for nonmarried couples) assuming one of the individuals can show the existence of a "contract" that in exchange for one thing (usually agreeing to cohabit) the other party will "take care of" that person for the rest of his or her life.

ScottyMacEsq :

Often the fight is whether or not there is a contract in the first place.

ScottyMacEsq :

Furthermore, if there is a breakup, there are issues of property division, which the court would have jurisdiction over in a marriage, but not so much in a nonmarital relationship.

ScottyMacEsq :

That's why having a non-marital cohabitation agreement in place is a very good idea, and I applaud your thinking for getting this together.

ScottyMacEsq :

Here's a form that you can use: http://www.uslegalforms.com/ca/CA-513R.htm

ScottyMacEsq :

I would also suggest that you go to your local library and see if they have any legal forms (in print or through an electronic resource, just ask your librarian) relating to California specific legal forms.

ScottyMacEsq :

If that's the case, you would not need to pay anything additionally for the form.

ScottyMacEsq :

Here's a sample agreement that you can use, and that probably would hold up, but not state specific: http://family.findlaw.com/living-together/sample-cohabitation-agreement.html

ScottyMacEsq :

The key is to put down the result of any condition (such as breaking up) that he would continue to care for you, and be specific (what does "care for" even mean in terms of monetary value?)

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: We are not currently living together. Would a promissory note be of benefit in this case?
ScottyMacEsq :

A promissory note is often used to pay a specific amount, but I guess that it could be open ended such that he agrees to pay you a certain amount "for life".

ScottyMacEsq :

Basically it would be a simple form (you can get promissory note forms online or at the library) that would indicate that the payments would be X per month, for so long as you should live, etc...

ScottyMacEsq :

It does not cover the things that the cohabitation agreement covers, although if you're not now living together nor will, then it would probably be the better option.

Customer: Ok. Thank you so very much Scotty. Have a great day!
ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: I think that's it. Thanks again!! You get a 5 :)
ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11470
Experience: Licensed Texas General Practice Attorney
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